DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia Limited
(AG2021/5959)

CHEP ERSKINE PARK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 12 JULY 2021

Application for approval of the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that clause 22.5 (Notice of termination) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s 54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 15 February 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

CHEP Australia Limited sought approval for the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute centred around the specifics of the agreement, including its coverage, terms, and whether it complied with the relevant legislative requirements. The company argued that the agreement was fair and met all necessary conditions, while other parties involved in the dispute questioned certain aspects of the agreement.

The legal issues before the court were whether the agreement covered all employees correctly, whether the terms and conditions were fair and reasonable, and whether the agreement complied with the requirements of the Fair Work Act. Additionally, the court had to consider whether the agreement provided for a proper process for resolving disputes and whether it met the 'better off overall test'. The central issue was whether the agreement was in the interests of the employees it covered, as well as the broader requirements of the Act.

The court carefully reviewed the agreement, examining its coverage, terms, and compliance with the Act. It found that the agreement was comprehensive and correctly identified the employees it covered. The terms and conditions were deemed fair and reasonable, with adequate provisions for resolving disputes. The court concluded that the agreement met the 'better off overall test', providing employees with benefits that outweighed any potential disadvantages. Consequently, the court approved the agreement, finding it to be fair and compliant with the relevant legislation. The final orders were to approve the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021 as per the terms and conditions outlined in the application.

CHEP Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established